Sen. Joshua Miller (D-Cranston) introduced Senate Bill 2985 (S2985) on May 16. The legislation would allow adults 21 or older to use, purchase or transport up to one ounce of marijuana. Individuals would be permitted to possess up to five ounces of marijuana in their homes. The bill would institute a 10 percent marijuana sales tax which would be levied in addition to the existing state sales tax.

Violating the rules and regulations for possession and distribution of marijuana would still be considered a criminal offense under the law. Local communities could regulate but not ban cultivation facilities and manufacturing centers under S2985. Marijuana processors, retailers and transporters would have to be licensed by the state.

“The general public consistently polls in Rhode Island and elsewhere very much in favor of this, over 60%. I think that legislators haven’t caught up with their constituents yet,” Sen. Miller said, according to a WPRO report.

Despite the federal prohibition on marijuana, measures such as S2985 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the feds maintain complete prohibition of cannabis. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Rhode Island would remove another layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By mostly ending state prohibition, Rhode Island essentially sweeps away most of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly-budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Medical marijuana is currently legal in Rhode Island. Passage of S2985 would further ignore federal prohibition and nullify it in practice in the state. Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In January, Vermont became the first state to legalize marijuana through a legislative act.

With 30 states allowing cannabis for medical use as well, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

NEXT UP

S2985 was referred to the Senate Judiciary Committee where it will need to pass by a majority vote before moving forward in the legislative process.

]]>30600To the Governor’s Desk: Louisiana Bills Would Expand Medical Marijuana Program Despite Federal Prohibitionhttp://blog.tenthamendmentcenter.com/2018/05/to-the-governors-desk-louisiana-bills-would-expand-medical-marijuana-program-despite-federal-prohibition/
Mon, 21 May 2018 16:39:37 +0000http://blog.tenthamendmentcenter.com/?p=30576BATON ROUGE, La. (May 21, 2018) – Last week, the Louisiana House gave final approval to three bills that would relax restrictions on medical marijuana for qualifying patients. Enactment of this legislation into law would further nullify marijuana prohibition in effect in the Pelican State.

“The anecdotal evidence is wonderful and substantial and gives us all hope,” Katelyn Castleberry, a Louisiana resident with sons who suffer from autism, told WDSU 6 News. “There are children who speak after being on medical cannabis. There are children whose nervous system settle down and their entire system is improved.”

“This will help address a growing opioid crisis, prolong like, make life more enjoyable for some people and save some lives,” James said.

Rep. Vincent Pierre (D-Lafayette) introduced House Bill 823 (HB823) to prevent the medical marijuana program from expiring in 2020, which it would do under the law as it is currently written. Amendments to the bill added by the Senate extend the deadline to 2025.

Despite the federal prohibition on marijuana, measures such as HB579, HB627, and HB823 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Further legalization of medical marijuana in Louisiana would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Louisiana could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

With 29 states including New Hampshire allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT

Gov. John Bel Edwards will have 20 days from the date the bills are transmitted to his office to sign or veto. If he takes no action, they will become law without his signature. If you live in Louisiana, you can contact Gov. Edwards at (866)366-1121 and urge him to sign all three bills into law.

]]>30576Louisiana Senate Passes Bills to Expand Medical Marijuana Program Despite Federal Prohibitionhttp://blog.tenthamendmentcenter.com/2018/05/louisiana-senate-passes-bills-to-expand-medical-marijuana-program-despite-federal-prohibition/
Mon, 14 May 2018 21:12:17 +0000http://blog.tenthamendmentcenter.com/?p=30547BATON ROUGE, La. (May 14, 2018) – Last Wednesday, the Louisiana Senate passed three bills that would relax restrictions on medical marijuana for qualifying patients in the state. Final passage of these bills would further nullify federal drug laws in the Pelican State.

“The anecdotal evidence is wonderful and substantial and gives us all hope,” Katelyn Castleberry, a Louisiana resident with sons who suffer from autism, told WDSU 6 News. “There are children who speak after being on medical cannabis. There are children whose nervous system settle down and their entire system is improved.”

“This will help address a growing opioid crisis, prolong like, make life more enjoyable for some people and save some lives,” James said.

Rep. Vincent Pierre (D-Lafayette) introduced House Bill 823 (HB823) to prevent the medical marijuana program from expiring in 2020, which it would do under the law as it is currently written. Amendments to the bill added by the Senate extend the deadline to 2025.

Despite the federal prohibition on marijuana, measures such as HB579, HB627, and HB823 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Further legalization of medical marijuana in Louisiana would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Louisiana could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

With 29 states including New Hampshire allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT

The House will have to concur with the Senate versions of HB579, HB627, and HB823 before they can be sent to the Governor’s desk. Concurrence votes are scheduled to take place on May 16.

]]>30547Veto Override: Maine Enacts Bill to Implement Legal Marijuana Sales and Cultivation, Further Nullify Federal Prohibition in Effecthttp://blog.tenthamendmentcenter.com/2018/05/veto-override-maine-enacts-bill-to-implement-legal-marijuana-sales-and-cultivation-further-nullify-federal-prohibition-in-effect/
Tue, 08 May 2018 16:28:29 +0000http://blog.tenthamendmentcenter.com/?p=30503AUGUSTA, Maine (May 8, 2018) – Last week, the Maine House and Senate voted to override Gov. Paul LePage’s veto of a bill to implement and regulate the state’s adult-use marijuana market. The new law will effectuate a ballot initiative legalizing marijuana and further nullify federal cannabis prohibition in effect.

Rep. Teresa Pierce (D-Falmouth) and Sen. Roger Katz (R-Augusta) introduced House Bill 1719 (LD1719) last December. The legislation creates a legal structure to license, regulate and tax the sale and cultivation of recreational marijuana in Maine.

As it stands under the law established by the referendum, adults in Maine can grow up to six mature marijuana plants and possess up to 2½ ounces of marijuana for personal use, but they can’t legally buy or sell it. The referendum left it to the legislature to create a framework for licensing sellers and commercial cultivation. Until that happens, it will remain illegal to buy or sell cannabis in the state. With the passage of LD1719, the state will be able to write rules to effectuate a licensing program.

LD1719 made some compromises to gain more support, including stripping a provision that would have allowed Mainers to buy and consume marijuana at “social clubs.” The new law also lowers the number of plants individuals can grow at home from six to three.

Under the law, towns will have the option as to whether or not they want to allow marijuana businesses. The bill includes a provision allowing recreational retailers to buy marijuana from existing medical growers, a provision that may allow the state’s industry to get off the ground quickly.

“We worked hard to compromise and find common ground,” Pierce told the Portland Press Herald. ““Our town officials, our local businesses, our parents and families and communities that each of us represent are all asking us to put a reasonable, highly structured regulatory system in place. … They recognize the status quo just isn’t what we should be doing.”

According to the paper, marijuana activists were divided on the bill. Legalize Maine President Paul McCarrier opposes the reduction in the number of plants people can grow at home. He also wants a cultivation cap to keep rich growers from cornering the market by creating a glut. The Maine chapter of the Marijuana Policy Project came out neutral on the bill. It opposes the loss of social clubs and the plant count reduction, but wants to get a structure in place so legal sales can finally happen.

Despite the federal prohibition on marijuana, state legalization of cannabis is perfectly legal, and the feds can do little if anything to stop it in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of marijuana in Maine removes one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Maine sweeps away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Maine joins a growing number of states simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, and Massachusetts, along with Maine, joined them after ballot initiatives in favor of legalization passed in November 2016. In January, Vermont became the first state to legalize marijuana through a legislative act.

With 29 states including allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

]]>30503Now in Effect: Utah Laws Legalize Medical Marijuana for Some Terminally-Ill Patientshttp://blog.tenthamendmentcenter.com/2018/05/now-in-effect-utah-laws-legalize-medical-marijuana-for-some-terminally-ill-patients/
Tue, 08 May 2018 13:47:01 +0000http://blog.tenthamendmentcenter.com/?p=30516SALT LAKE CITY, Utah (May 8, 2018) – Today, two laws to allow terminally ill patients to legally use medical marijuana under the state’s Right to Try law went into effect. These new laws take a first step toward nullifying federal cannabis prohibition in effect in the Beehive State.

Rep. Brad Daw (R-Orem) and Sen. Evan Vickers (R-Cedar City) sponsored House Bill 195 (HB195). Under the law, qualifying patients under the Utah Right to Try Act can possess or use cannabis in a medicinal dosage.

Daw and Vickers also introduced House Bill 197 (HB197). This law authorizes the cultivation of cannabis in Utah to supply the medical marijuana program.

Utah passed its Right to Try Act in 2015. Under the law, terminally ill patients can try experimental treatments not yet approved by the FDA. HB195 expands Right to Try to include the option of medical marijuana for these patients. The Right to Try law already nullifies in practice some Food and Drug Administration (FDA) rules that deny access to experimental treatments by terminally ill patients. Passage of HB195 and HB197 take the first step toward nullifying federal marijuana prohibition in effect.

The proposal narrowly made it through the House. It passed HB195 by a 40-26 vote. But in a strange move, the House failed to approve HB197, effectively authorizing medical marijuana for qualifying terminally ill patients, but leaving no way for them to get medicinal cannabis in the state. The initial vote was 36-34. Bills must receive 38 votes to pass the Utah House. After a motion to reconsider was approved, Orem implored his colleagues to pass the legislation.

“This bill becomes the way to supply a genuine cannabis medicine for both those programs. We need to pass this bill if we want to have patients the ability to try both under right to try and under research,” Orem said.

Despite the federal prohibition on marijuana, measures such as HB195 and HB197 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of medical marijuana under Right to Try in Utah removes one small layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Utah could sweep away a small basis the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Utah joins a growing number of states simply ignoring federal prohibition, and nullifying it in practice.

With 29 states including New Hampshire allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

]]>30516Louisiana Committees Pass Bills to Expand Medical Marijuana Program Despite Federal Prohibitionhttp://blog.tenthamendmentcenter.com/2018/05/louisiana-committees-pass-bills-to-expand-medical-marijuana-program-despite-federal-prohibition/
Fri, 04 May 2018 18:24:49 +0000http://blog.tenthamendmentcenter.com/?p=30504BATON ROUGE, La. (May 4, 2018) – On Wednesday, three bills that would relax restrictions on medical marijuana for qualifying patients in the state were approved in their Senate committees. Passage of these bills would further nullify federal drug laws in the Pelican State.

Rep. Rodney Lyons (D-Harvey) introduced House Bill 627 (HB627) with 27 bipartisan co-sponsors to expand access to medical marijuana to individuals suffering from autism if they exhibit the following symptoms:

(aa) Repetitive or self-stimulatory behavior of such severity that the physical health of the person with autism is jeopardized.
(bb) Avoidance of others or inability to communicate of such severity that the physical health of the person with autism is jeopardized.
(cc) Self-injuring behavior.
(dd) Physically aggressive or destructive behavior.

“The anecdotal evidence is wonderful and substantial and gives us all hope,” Katelyn Castleberry, a Louisiana resident with sons who suffer from autism, said to WDSU 6 News. “There are children who speak after being on medical cannabis. There are children whose nervous system settle down and their entire system is improved.”

Rep. Ted James (D-Baton Rouge) introduced House Bill 579 (HB579) to expand access to medical marijuana to individuals suffering from glaucoma, severe muscle spasms, intractable pain, or post-traumatic stress disorder. Intractable pain is defined as “pain so chronic and severe as to otherwise warrant an opiate prescription” in which “no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts.”

“This will help address a growing opioid crisis, prolong like, make life more enjoyable for some people and save some lives,” Rep. James said.

Rep. Vincent Pierre (D-Lafayette) introduced House Bill 823 (HB823) to prevent the medical marijuana program from expiring in 2020, which it would do under the law as it is currently written.

Despite the federal prohibition on marijuana, measures such as HB579, HB627, and HB823 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Further legalization of medical marijuana in Louisiana would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Louisiana could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

With 29 states including New Hampshire allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT

All three bills will now move to the Senate floor for futher consideration. Call your state senator and urge them to support HB579, HB627, and HB823.

Rep. James Neely (R-Cameron) introduced House Bill 1554 (HB1554) in January. The legislation would expand the state’s “Right to try Law” and provisions authorizing the use of hemp extract for qualifying patients to allow terminally ill patients to access smokeless medical marijuana. An amendment to the bill would also authorize patients diagnosed with a “debilitating condition” including cancer, glaucoma, HIV, Chron’s disease, multiple sclerosis, Parkinson’s, PTSD, epilepsy and others to access medicinal cannabis.

Dispensing organizations would be permitted to operate for the purposed of providing medical marijuana to qualifying patients. Minors would also be permitted to use medical marijuana under the strict supervision of their parents with physician or neurologist approval.

The House passed HB1554 by a 112-44 vote.

“I think the timing is good. I think we have a culture that let’s try to open our eyes and let’s see what’s out there. Anybody that’s seen people suffer, there ought to be a way to maybe makes things a little bit better,” Rep. Neely said in a Missouri Net report last year.

Despite the federal prohibition on marijuana, measures such as HB1554 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of medical marijuana in Missouri would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Missouri could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

Missouri could join a growing number of states simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In January, Vermont became the first state to legalize marijuana through a legislative act.

With 29 states allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT?

HB1554 will now move to the Senate for further consideration. At the time of this report, the bill had not been assigned to a Senate committee. Once it receives a committee assignment, it must pass by a majority vote before moving forward in the legislative process.

A bipartisan coalition introduced House Bill 3521 (H3521) last year and it carried over to the 2018 session. The legislation would authorize the use of cannabis by patients suffering from an extensive list of “debilitating medical conditions.” The bill would also set up a regulatory scheme authorizing doctors to recommend medical marijuana,for issuing cards to qualified patients, for establishing dispensaries and for regulating marijuana cultivation in the state.

According to the Times and Democrat, the House Medical, Military, Public and Municipal Affairs Committee approved H3521 on Thursday.

“I believe we did the right thing by approving this bill. Our intent is to help the thousands of patients who can benefit from this medical treatment, including retired military personnel and children who suffer from debilitating illnesses,” committee chair Rep. Leon Howard (D-Columbia) told the paper.

Despite the federal prohibition on marijuana, measures such as H3521 remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Legalization of medical marijuana in South Carolina would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, South Carolina could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

South Carolina could join a growing number of states simply ignoring federal prohibition, and nullifying it in practice. Colorado, Washington state, Oregon and Alaska were the first states to legalize recreational cannabis, and California, Nevada, Maine and Massachusetts joined them after ballot initiatives in favor of legalization passed in November 2016. In January, Vermont became the first state to legalize marijuana through a legislative act.

With 29 states allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

WHAT’S NEXT

H3521 now moves to the House floor for further consideration.

]]>30434Marijuana: A Nullification Success Storyhttp://blog.tenthamendmentcenter.com/2018/04/marijuana-a-nullification-success-story/
Fri, 20 Apr 2018 16:38:57 +0000http://blog.tenthamendmentcenter.com/?p=30429The federal government claims the authority to prohibit a plant. Of course, this is absurd, as evidenced by the fact that it required a constitutional amendment before the feds could enforce alcohol prohibition.

I appeared on Real News with David Knight to talk about this unconstitutional war on a plant and how it has ultimately failed because of state action. In fact, the feds lack the personnel and recourses to enforce marijuana prohibition. When the states stopped cooperating, the entire scheme began to crumble. As David put it, “The feds are pushing against a rope – and its made of hemp.”

I went on to explain how marijuana activists have created a nullification blueprint was can apply to many other issues.

WATCH

]]>30429Louisiana House Passes Bill to Make Medical Marijuana Legalization Permanenthttp://blog.tenthamendmentcenter.com/2018/04/louisiana-house-passes-bill-to-make-medical-marijuana-legalization-permanent/
Thu, 19 Apr 2018 16:27:33 +0000http://blog.tenthamendmentcenter.com/?p=30393BATON ROUGE, La. (Apr. 19, 2018) – Yesterday, the Louisiana House passed a bill that would make the state’s medical marijuana program permanent. Final passage into law would take a big step toward nullifying federal cannabis prohibition in effect.

Rep. Tanner Magee (R-Houma) introduced House Bill 823 (HB823) on April 3. Under current law, the state’s medical marijuana program terminates Jan. 1, 2020. HB823 would repeal that provision and make medical marijuana permanently legal in Louisiana.

The House Committee on Health and Welfare approved the measure 9-0 last week. And yesterday, the full House passed it by a vote of 69-26.

Louisiana legalized medical marijuana in 2015, but the law was poorly written and did not result in any kind of actual medical marijuana program. In 2016, the state implemented a new law that made an important change in the wording of the statute. By allowing doctors to “recommend” medical marijuana to eligible patients instead of “prescribing” the drug, some patients were finally able to get access to medicinal cannabis.

Despite the federal prohibition on marijuana, measures such as these remain perfectly constitutional, and the feds can do little if anything to stop them in practice.

LEGALITY

Under the Controlled Substances Act (CSA) passed in 1970, the federal government maintains complete prohibition of marijuana. Of course, the federal government lacks any constitutional authority to ban or regulate marijuana within the borders of a state, despite the opinion of the politically connected lawyers on the Supreme Court. If you doubt this, ask yourself why it took a constitutional amendment to institute federal alcohol prohibition.

Further legalization of medical marijuana in Louisiana would remove one layer of laws prohibiting the possession and use of marijuana, but federal prohibition will remain on the books.

FBI statistics show that law enforcement makes approximately 99 of 100 marijuana arrests under state, not federal law. By curtailing state prohibition, Louisiana could sweep away some of the basis for 99 percent of marijuana arrests.

Furthermore, figures indicate it would take 40 percent of the DEA’s yearly annual budget just to investigate and raid all of the dispensaries in Los Angeles – a single city in a single state. That doesn’t include the cost of prosecution either. The lesson? The feds lack the resources to enforce marijuana prohibition without state assistance.

A GROWING MOVEMENT

By further relaxing restrictions and making marijuana legalization permanent, Louisiana can join other states that have significantly chipped away at cannabis prohibition.

With 29 states, including Louisiana allowing cannabis for medical use, the feds find themselves in a position where they simply can’t enforce prohibition anymore.

“The lesson here is pretty straightforward. When enough people say, ‘No!’ to the federal government, and enough states pass laws backing those people up, there’s not much the feds can do to shove their so-called laws, regulations or mandates down our throats,” Tenth Amendment Center founder and executive director Michael Boldin said.

The move to expand medical marijuana laws in Louisiana and make them permanent demonstrates another important reality. Once a state puts laws in place legalizing marijuana, it tends to eventually expand. These two bills are a perfect example of this tendency. As the state tears down some barriers, markets develop and demand expands. That creates pressure to further relax state law. This bill represents a further erosion of unconstitutional federal marijuana prohibition.